The Kentucky Court of Appeals has declined to rehear a case in which it ruled against Lexington over the city's attempt to close a January 2008 Urban County Council meeting.

The meeting was scheduled to discuss the city's response to Kentucky American Water's request to the state Public Service Commission to build a $162 million treatment plant and pipeline. The request was ultimately approved.

The Herald-Leader argued that a closed-door meeting violated the state's Open Meetings Law. The city said the meeting fell under an exemption that allows "proposed or pending litigation" to be discussed out of the public view.

Fayette Circuit Judge Sheila Isaac agreed with the newspaper, and the meeting was opened.

The city appealed, but the appeals court backed the lower court in a ruling last November. On Wednesday, the appeals court turned down the city's request to reconsider the issue.